Z 0513

Z‑0513.3 _____________________________________________

HOUSE BILL 1562

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representatives Talcott, Quall and Keiser; by request of Governor Locke, Academic Achievement and Accountability Commission and State Board of Education

Read first time 01/29/2001. Referred to Committee on Education.

_1 AN ACT Relating to academic achievement and accountability

_2 commission accountability system recommendations; amending RCW

_3 28A.655.030, 28A.300.040, 28A.505.120, 28A.400.010, 28A.400.030,

_4 28A.400.100, 28A.400.300, 28A.405.210, 28A.405.220, 28A.405.230,

_5 28A.150.020, 28A.320.010, 28A.320.015, 28A.320.035, 28A.315.005,

_6 28A.315.015, 28A.315.025, 28A.225.210, 28A.225.270, and 41.59.910;

_7 reenacting and amending RCW 28A.225.220; adding new sections to

_8 chapter 28A.655 RCW; adding a new section to chapter 41.56 RCW;

_9 adding a new section to chapter 41.59 RCW; creating a new section;

10 repealing RCW 28A.655.035 and 28A.655.050; and providing an

11 effective date.

12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

13 NEW SECTION. Sec. 1. The legislature finds that the most

14 important purpose of an accountability system is to promote the

15 improvement of student achievement so that all students achieve

16 the state's four learning goals and meet or exceed the specific

17 academic standards measured by the elementary, middle, and high

18 school assessments. Continuous improvement with a clear focus on

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_1 student achievement should be the basis for the accountability

_2 system. Local responsibility and local control will be respected

_3 and supported so that school districts have the flexibility

_4 necessary to implement improvements. State level involvement will

_5 emphasize monitoring, assistance, and technical support. At the

_6 same time, the legislature further finds that if state

_7 intervention is necessary in schools that persistently fail to

_8 show adequate achievement or sufficient improvement in student

_9 learning, the state must be equipped to effectively implement

10 interventions on behalf of the students. The assistance and

11 intervention system for schools and districts in which progress is

12 not satisfactory should consist of three distinct phases: Intensive

13 voluntary focused assistance provided to identified schools in

14 which assistance is requested; intensive nonvoluntary focused

15 assistance for identified schools in which low performance

16 persists; and in egregious cases in which low student performance

17 continues to persist and school improvements are not occurring,

18 more intensive state intervention in the school or school

19 system. All students should be given the opportunity to benefit

20 from improved instructional strategies and curricula aligned with

21 the state academic standards so that they become equipped to live,

22 learn, and work successfully in the twenty-first century.

23 Sec. 2. RCW 28A.655.030 and 1999 c 388 s 102 are each amended to

24 read as follows:

25 The powers and duties of the academic achievement and

26 accountability commission shall include, but are not limited to

27 the following:

28 (1) For purposes of statewide accountability, the commission

29 shall:

30 (a) Adopt and revise performance improvement goals in reading,

31 writing, science, and mathematics by subject and grade level as

32 the commission deems appropriate to improve student learning, once

33 assessments in these subjects are required statewide. The goals

34 shall be in addition to any goals adopted in RCW 28A.655.050. The

35 commission may also revise any goal adopted in RCW 28A.655.050. The

36 commission may adopt and revise goals for dropout rates and

37 reduction of dropout rates for middle schools, junior high

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_1 schools, and high schools. The commission may adopt and revise

_2 goals designed to accelerate the achievement of students from

_3 various racial, ethnic, and socioeconomic backgrounds who are

_4 disproportionately academically underachieving. The commission

_5 shall adopt the goals by rule. However, before each goal is

_6 implemented, the commission shall present the goal to the

_7 education committees of the house of representatives and the

_8 senate for the committees' review and comment in a time frame that

_9 will permit the legislature to take statutory action on the goal

10 if such action is deemed warranted by the legislature;

11 (b) Identify the scores students must achieve in order to meet

12 the standard on the Washington assessment of student learning and

13 determine student scores that identify levels of student

14 performance below and beyond the standard. The commission shall set

15 such performance standards and levels in consultation with the

16 superintendent of public instruction and after consideration of

17 any recommendations that may be developed by any advisory

18 committees that may be established for this purpose;

19 (c) Adopt objective, systematic criteria to identify successful

20 schools and school districts and recommend to the superintendent

21 of public instruction schools and districts to be recognized for

22 two types of accomplishments, student achievement and improvements

23 in student achievement. Recognition for improvements in student

24 achievement shall include consideration of one or more of the

25 following accomplishments:

26 (i) An increase in the percent of students meeting standards.

27 The level of achievement required for recognition may be based on

28 the achievement goals established by the legislature under RCW

29 28A.655.050 and the commission under (a) of this subsection;

30 (ii) Positive progress on an improvement index that measures

31 improvement in all levels of the assessment; and

32 (iii) Improvements despite challenges such as high levels of

33 mobility, poverty, English as a second language learners, and

34 large numbers of students in special populations as measured by

35 either the percent of students meeting the standard, or the

36 improvement index.

37 When determining the baseline year or years for recognizing

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_1 individual schools, the commission may use the assessment results

_2 from the initial years the assessments were administered, if doing

_3 so with individual schools would be appropriate;

_4 (d) Adopt objective, systematic criteria to identify schools

_5 and school districts in need of assistance and those in which

_6 significant numbers of students persistently fail to meet state

_7 standards, and to identify schools that may be directed to accept

_8 focused assistance as provided for under section 3(3) of this

_9 act. In its deliberations, the commission shall consider the use of

10 all statewide mandated criterion-referenced and norm-referenced

11 standardized tests;

12 (e) Identify, based on the results of the evaluation conducted

13 under section 6 (3) and (4) of this act, schools and school

14 districts in which state intervention measures will be needed and

15 a range of appropriate intervention strategies, beginning no

16 earlier than ((~~June 30, 2001, and after the legislature has~~

17 ~~authorized a set of intervention strategies~~)) September 15,

18 2003. Beginning no earlier than ((~~June 30, 2001, and after the~~

19 ~~legislature has authorized a set of intervention strategies~~))

20 September 15, 2003, at the request of the commission, the

21 superintendent shall intervene in the school or school district

22 and take corrective actions((~~. This chapter does not provide~~

23 ~~additional authority for the commission or the superintendent of~~

24 ~~public instruction to intervene in a school or school district~~));

25 (f) Identify performance incentive systems that have improved

26 or have the potential to improve student achievement;

27 (g) Annually review the assessment reporting system to ensure

28 fairness, accuracy, timeliness, and equity of opportunity,

29 especially with regard to schools with special circumstances and

30 unique populations of students, and a recommendation to the

31 superintendent of public instruction of any improvements needed to

32 the system;

33 (h) Annually report by December 1st to the legislature, the

34 governor, the superintendent of public instruction, and the state

35 board of education on the progress, findings, and recommendations

36 of the commission. The report may include recommendations of

37 actions to help improve student achievement;

38 (i) By December 1, 2000, and by December 1st annually

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_1 thereafter, report to the education committees of the house of

_2 representatives and the senate on the progress that has been made

_3 in achieving the reading goal under RCW 28A.655.050 and any

_4 additional goals adopted by the commission;

_5 (j) Coordinate its activities with the state board of education

_6 and the office of the superintendent of public instruction;

_7 (k) Seek advice from the public and all interested educational

_8 organizations in the conduct of its work; and

_9 (l) Establish advisory committees, which may include persons

10 who are not members of the commission;

11 (2) Holding meetings and public hearings, which may include

12 regional meetings and hearings;

13 (3) Hiring necessary staff and determining the staff's duties

14 and compensation. However, the office of the superintendent of

15 public instruction shall provide staff support to the commission

16 until the commission has hired its own staff, and shall provide

17 most of the technical assistance and logistical support needed by

18 the commission thereafter. The office of the superintendent of

19 public instruction shall be the fiscal agent for the commission.

20 The commission may direct the office of the superintendent of

21 public instruction to enter into subcontracts, within the

22 commission's resources, with school districts, teachers, higher

23 education faculty, state agencies, business organizations, and

24 other individuals and organizations to assist the commission in

25 its deliberations; and

26 (4) Receiving per diem and travel allowances as permitted under

27 RCW 43.03.050 and 43.03.060.

28 NEW SECTION. Sec. 3. A new section is added to chapter 28A.655

29 RCW to read as follows:

30 (1) The academic achievement and accountability commission,

31 with the assistance of the superintendent of public instruction,

32 shall annually analyze assessment results. The analysis shall

33 include but not be limited to consideration of the levels of

34 achievement and levels of improvement on criterion-referenced and

35 norm-referenced assessments required statewide. The purposes of the

36 analysis shall be:

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_1 (a) To identify successful schools and school districts based

_2 on criteria adopted by the commission;

_3 (b) To identify schools in need of focused assistance, based on

_4 criteria adopted by the commission;

_5 (c) After September 15, 2003, to help identify schools and

_6 school districts in which more intensive state intervention

_7 strategies are needed; and

_8 (d) To develop other information the commission deems

_9 appropriate in pursuit of the fulfillment of its responsibility to

10 provide oversight of the state's educational accountability

11 system.

12 (2) Based on the results of the commission's analysis of

13 relevant criteria conducted pursuant to subsection (1)(b) of this

14 section, the commission shall determine which schools shall be

15 prioritized as having the highest need for focused

16 assistance. Subject to available appropriations and the

17 determination made under this subsection, the commission shall

18 determine the number of schools eligible for focused assistance

19 annually by September 15th.

20 (3) After September 15, 2002, the commission shall annually

21 analyze assessment results of any schools that were notified the

22 previous year of their eligibility for focused assistance but

23 which did not receive focused assistance in the previous year due

24 to the school district's decision to decline the assistance. Based

25 on the analysis conducted under this subsection, if the commission

26 determines the students in a school are not making sufficient

27 progress toward improved achievement, the commission may direct

28 the school district to accept focused assistance on behalf of the

29 eligible school under the terms of a performance

30 agreement. Performance agreements developed under circumstances

31 outlined in this subsection shall be developed by the

32 superintendent of public instruction, in consultation with the

33 school district, and approved by the commission.

34 NEW SECTION. Sec. 4. A new section is added to chapter 28A.655

35 RCW to read as follows:

36 (1) If the academic achievement and accountability commission

37 determines that a school is eligible for focused assistance based

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_1 on assistance criteria adopted by the commission, the commission

_2 shall notify the school district within which the eligible school

_3 is located of such eligibility. School districts with a school that

_4 the commission has determined is eligible for focused assistance

_5 may request focused assistance under this section by notifying the

_6 superintendent of public instruction. Before a performance

_7 agreement is approved, the office of the superintendent of public

_8 instruction and the commission or its designee shall conduct a

_9 second level of analysis using local assessment and program data

10 and other information provided by the district.

11 (2)(a) The superintendent of public instruction or the

12 superintendent's designee shall negotiate the terms of a

13 performance agreement with a school district requesting focused

14 assistance.

15 (b) The superintendent of public instruction or the

16 superintendent's designee shall develop a performance agreement,

17 in consultation with a school district, when a district is

18 required by the commission to accept focused assistance.

19 (c) All such performance agreements shall be subject to

20 approval by the commission.

21 (3) Focused assistance, as outlined in this chapter, shall be

22 available to a school district on behalf of an eligible school

23 solely on the basis of, and in accordance with all terms and

24 conditions of, a performance agreement. Focused assistance shall

25 not be provided to any school district in a given academic year

26 unless a performance agreement is approved within one hundred

27 eighty days of the date the district was notified by the

28 commission that an eligible school was located within that school

29 district.

30 (4) The duration of a performance agreement shall be two years

31 and may be renewed by the superintendent of public instruction and

32 the school district board of directors, with the approval of the

33 commission. The focus of a performance agreement shall be what the

34 state, district, and school must do to improve the performance of

35 students in eligible schools in the district to achieve mastery of

36 the essential academic learning requirements. Performance

37 agreements shall include:

38 (a) A needs assessment;

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_1 (b) An improvement plan, that shall include but not be limited

_2 to:

_3 (i) Student performance goals and expectations for the two-year

_4 period of the agreement;

_5 (ii) How existing funds can be used more effectively;

_6 (iii) The most significant barriers to improvement and how

_7 those barriers will be addressed;

_8 (iv) What actions the district needs to take to assist the

_9 school;

10 (v) Whether students attending the school have the choice of

11 transferring to other public schools in the district, and whether

12 this choice includes free bus transportation;

13 (vi) Who is responsible for implementing the specific actions

14 in the plan; and

15 (vii) Whether waivers of state laws or local policies and

16 agreements are needed. Waiver provisions in existence prior to

17 January 1, 2001, are to be used to obtain the waivers, under an

18 expedited decision-making process if necessary; and

19 (c) Measurable benchmarks with a timeline for completion

20 against which the district, schools, and the state are required to

21 show progress for all students.

22 NEW SECTION. Sec. 5. A new section is added to chapter 28A.655

23 RCW to read as follows:

24 (1) Assistance provided under the terms of a performance

25 agreement under section 4 of this act is limited to specific, cost-

26 effective strategies for improving student achievement, or to

27 specific promising strategies that are part of a rigorous and

28 ongoing evaluation. Subject to available funding, financial

29 assistance shall be provided by the state if the superintendent of

30 public instruction and the academic achievement and accountability

31 commission find that funds currently available to the district on

32 behalf of the eligible school are being used effectively and that

33 additional funds are necessary.

34 (2) Focused assistance options and actions available to the

35 district and the office of the superintendent of public

36 instruction which a performance agreement may stipulate include,

37 but are not limited to:

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_1 (a) Changes in the school's curriculum and instructional

_2 practices, including implementing a whole school reform model;

_3 (b) Additional funds for staff collaboration, planning, and

_4 training;

_5 (c) Additional funds for instructional materials;

_6 (d) Additional funds for employee compensation;

_7 (e) Additional learning opportunities for students;

_8 (f) Providing students attending the school with the choice of

_9 transferring to other public schools in the district, with or

10 without free bus transportation;

11 (g) Personnel changes;

12 (h) Reallocation of financial resources;

13 (i) Waivers of specific state laws and local policies and

14 agreements;

15 (j) Increasing fiscal flexibility at the school site;

16 (k) Hiring a short-term principal/teacher replacement team that

17 would provide free time for the principal and teachers for staff

18 collaboration, planning, and training; and

19 (l) In the most egregious situations, closing and

20 reconstituting the school, which could include:

21 (i) Replacing the existing principal;

22 (ii) Replacing some or all of the staff; and

23 (iii) Contracting out the management of the school.

24 NEW SECTION. Sec. 6. A new section is added to chapter 28A.655

25 RCW to read as follows:

26 (1) The academic achievement and accountability commission or

27 its designee shall analyze the implementation of a performance

28 agreement one year after the performance agreement is approved. The

29 focus of this analysis is on the degree to which benchmarks and

30 timelines in the agreement have been met.

31 (2) Two years after a performance agreement is approved, the

32 commission shall analyze progress on the performance agreement

33 benchmarks and whether students in the school receiving focused

34 assistance met or exceeded the student performance expectations

35 provided in the agreement.

36 (3) After focused assistance has been provided for two years to

37 a school district on behalf of an eligible school, if student

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_1 performance does not meet or exceed the levels stipulated in the

_2 performance agreement and the commission determines the school and

_3 school district are not making sufficient progress on the

_4 benchmarks in the performance agreement, the commission or its

_5 designee shall conduct a more in-depth evaluation.

_6 (4) The evaluation conducted under subsection (3) of this

_7 section shall use multiple sources of information that may

_8 include, but are not limited to:

_9 (a) Student achievement from district or school assessments;

10 (b) The level of improvement in student achievement over time;

11 (c) Student mobility and poverty;

12 (d) Attendance;

13 (e) Dropout and graduation rates, if applicable and available;

14 (f) Posthigh school indicators, if applicable and available;

15 (g) The percent of students in special programs; and

16 (h) Other factors presented by individual districts or schools.

17 NEW SECTION. Sec. 7. A new section is added to chapter 28A.655

18 RCW to read as follows:

19 (1) At the request of the academic achievement and

20 accountability commission and as provided in RCW 28A.655.030(1)(e)

21 and 28A.300.040, and based on the results of the evaluation

22 conducted under section 6 (3) and (4) of this act, the

23 superintendent of public instruction shall intervene in a school

24 or school district deemed by the commission to be making

25 insufficient progress in improving student learning and to have

26 made insufficient progress implementing the performance agreement.

27 (2) The range of appropriate state intervention strategies

28 selected by the commission for particular schools and school

29 districts and implemented by the superintendent of public

30 instruction may include any and all actions deemed by the

31 superintendent and the commission to be necessary to improve

32 student learning.

33 (3) The state intervention strategies authorized by this act

34 include any provisions that may be contained in a performance

35 agreement and further include, but shall not be limited to:

36 (a) Withholding of funds;

37 (b) Reconstitution of school district personnel;

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_1 (c) Removal of particular schools from the school district

_2 jurisdiction and establishment of alternative arrangements for

_3 public governance and supervision of such schools;

_4 (d) Appointment by the superintendent of public instruction of

_5 a receiver or trustee to administer the affairs of the district in

_6 place of the school district superintendent and school board;

_7 (e) Abolition or restructuring of the school district;

_8 (f) Authorizing student transfers to other schools and school

_9 districts; and

10 (g) Development of a plan by the superintendent of public

11 instruction that addresses student performance problems and that

12 specifies state and school district responsibilities under the

13 plan.

14 (4) The parent or guardian of a student enrolled at a school in

15 which the commission has authorized any state intervention

16 strategies pursuant to this section shall be given the choice to

17 transfer the student to another public school in the same district

18 or in a public school in an adjacent district, subject to the

19 following conditions and limitations:

20 (a) The school district with jurisdiction over the school to

21 which the student seeks to transfer determines there is adequate

22 space at the chosen school to accommodate the transfer student;

23 and

24 (b) A student transferring to a school under this section may

25 only be offered free transportation if:

26 (i) The superintendent of public instruction determines that

27 free transportation is appropriate in the case of the individual

28 student; and

29 (ii) The transportation is paid in full by the state.

30 (5) The commission shall closely monitor and evaluate the

31 effect of the choice program developed under subsection (4) of

32 this section.

33 Sec. 8. RCW 28A.300.040 and 1999 c 348 s 6 are each amended to

34 read as follows:

35 In addition to any other powers and duties as provided by law,

36 the powers and duties of the superintendent of public instruction

37 shall be:

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_1 (1) To have supervision over all matters pertaining to the

_2 public schools of the state;

_3 (2) To report to the governor and the legislature such

_4 information and data as may be required for the management and

_5 improvement of the schools;

_6 (3) To prepare and have printed such forms, registers, courses

_7 of study, rules for the government of the common schools, and such

_8 other material and books as may be necessary for the discharge of

_9 the duties of teachers and officials charged with the

10 administration of the laws relating to the common schools, and to

11 distribute the same to educational service district

12 superintendents;

13 (4) To travel, without neglecting his or her other official

14 duties as superintendent of public instruction, for the purpose of

15 attending educational meetings or conventions, of visiting

16 schools, of consulting educational service district

17 superintendents or other school officials;

18 (5) To prepare and from time to time to revise a manual of the

19 Washington state common school code, copies of which shall be

20 provided in such numbers as determined by the superintendent of

21 public instruction at no cost to those public agencies within the

22 common school system and which shall be sold at approximate actual

23 cost of publication and distribution per volume to all other

24 public and nonpublic agencies or individuals, said manual to

25 contain Titles 28A and 28C RCW, rules related to the common

26 schools, and such other matter as the state superintendent or the

27 state board of education shall determine. Proceeds of the sale of

28 such code shall be transmitted to the public printer who shall

29 credit the state superintendent's account within the state

30 printing plant revolving fund by a like amount;

31 (6) To act as ex officio member and the chief executive officer

32 of the state board of education;

33 (7) To file all papers, reports and public documents

34 transmitted to the superintendent by the school officials of the

35 several counties or districts of the state, each year separately.

36 Copies of all papers filed in the superintendent's office, and the

37 superintendent's official acts, may, or upon request, shall be

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_1 certified by the superintendent and attested by the

_2 superintendent's official seal, and when so certified shall be

_3 evidence of the papers or acts so certified to;

_4 (8) To require annually, on or before the 15th day of August,

_5 of the president, manager, or principal of every educational

_6 institution in this state, a report as required by the

_7 superintendent of public instruction; and it is the duty of every

_8 president, manager or principal, to complete and return such forms

_9 within such time as the superintendent of public instruction shall

10 direct;

11 (9) To keep in the superintendent's office a record of all

12 teachers receiving certificates to teach in the common schools of

13 this state;

14 (10) To issue certificates as provided by law;

15 (11) To keep in the superintendent's office at the capital of

16 the state, all books and papers pertaining to the business of the

17 superintendent's office, and to keep and preserve in the

18 superintendent's office a complete record of statistics, as well

19 as a record of the meetings of the state board of education;

20 (12) With the assistance of the office of the attorney general,

21 to decide all points of law which may be submitted to the

22 superintendent in writing by any educational service district

23 superintendent, or that may be submitted to the superintendent by

24 any other person, upon appeal from the decision of any educational

25 service district superintendent; and the superintendent shall

26 publish his or her rulings and decisions from time to time for the

27 information of school officials and teachers; and the

28 superintendent's decision shall be final unless set aside by a

29 court of competent jurisdiction;

30 (13) To administer oaths and affirmations in the discharge of

31 the superintendent's official duties;

32 (14) To deliver to his or her successor, at the expiration of

33 the superintendent's term of office, all records, books, maps,

34 documents and papers of whatever kind belonging to the

35 superintendent's office or which may have been received by the

36 superintendent's for the use of the superintendent's office;

37 (15) To administer family services and programs to promote the

38 state's policy as provided in RCW 74.14A.025;

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_1 (16) To negotiate or develop and enter into contracts with

_2 school districts to implement performance agreements providing

_3 focused assistance pursuant to chapter 28A.655 RCW and to

_4 implement state intervention strategies requested and approved by

_5 the academic achievement and accountability commission and

_6 authorized under chapter 28A.655 RCW; and

_7 (17) To perform such other duties as may be required by law.

_8 Sec. 9. RCW 28A.505.120 and 1975‑'76 2nd ex.s. c 118 s 12 are each

_9 amended to read as follows:

10 (1) If a local school district fails to comply with any binding

11 restrictions issued by the superintendent of public instruction,

12 the allocation of state funds for support of the local school

13 district may be withheld, pending an investigation of the reason

14 for such noncompliance by the office of the superintendent of

15 public instruction. Written notice of the intent to withhold state

16 funds, with reasons stated for this action, shall be made to the

17 school district by the office of the superintendent of public

18 instruction before any portion of the state allocation is

19 withheld.

20 (2) If a local school district is deemed by the academic

21 achievement and accountability commission, as provided in sections

22 4 through 7 of this act, to have made insufficient progress

23 improving student learning and insufficient progress implementing

24 a performance agreement, the allocation of all or a portion of

25 nonbasic education state funds may be withheld from the local

26 school district pending a determination by the commission that

27 withholding such funds is no longer an appropriate state

28 intervention strategy for the improvement of student learning in

29 the affected school district. Written notice of the intent to

30 withhold such state funds, with reasons stated for this action,

31 shall be made to the school district by the office of the

32 superintendent of public instruction at the request of the

33 commission before any portion of the state allocation is withheld.

34 Sec. 10. RCW 28A.400.010 and 1990 c 33 s 376 are each amended to

35 read as follows:

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_1 Except as what may be provided under sections 5 and 7 of this

_2 act, in all districts:

_3 (1) The board of directors shall elect a superintendent who

_4 shall have such qualification as the local school board alone

_5 shall determine. The superintendent shall have supervision over the

_6 several departments of the schools thereof and carry out such

_7 other powers and duties as prescribed by law.

_8 (2) Notwithstanding the provisions of RCW 28A.400.300(1), the

_9 board may contract with such superintendent for a term not to

10 exceed three years when deemed in the best interest of the

11 district. The right to renew a contract of employment with any

12 school superintendent shall rest solely with the discretion of the

13 school board employing such school superintendent. Regarding such

14 renewal of contracts of school superintendents the provisions of

15 RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall be

16 inapplicable.

17 Sec. 11. RCW 28A.400.030 and 1991 c 116 s 14 are each amended to

18 read as follows:

19 In addition to such other duties as a district school board

20 shall prescribe and except as what may be provided under section 3

21 or 7 of this act the school district superintendent shall:

22 (1) Attend all meetings of the board of directors and cause to

23 have made a record as to the proceedings thereof.

24 (2) Keep such records and reports and in such form as the

25 district board of directors require or as otherwise required by

26 law or rule or regulation of higher administrative agencies and

27 turn the same over to his or her successor.

28 (3) Keep accurate and detailed accounts of all receipts and

29 expenditures of school money. At each annual school meeting the

30 superintendent must present his or her record book of board

31 proceedings for public inspection, and shall make a statement of

32 the financial condition of the district and such record book must

33 always be open for public inspection.

34 (4) Give such notice of all annual or special elections as

35 otherwise required by law; also give notice of the regular and

36 special meetings of the board of directors.

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_1 (5) Sign all orders for warrants ordered to be issued by the

_2 board of directors.

_3 (6) Carry out all orders of the board of directors made at any

_4 regular or special meeting.

_5 Sec. 12. RCW 28A.400.100 and 1977 ex.s. c 272 s 1 are each amended

_6 to read as follows:

_7 School districts may employ public school principals and/or

_8 vice principals to supervise the operation and management of the

_9 school to which they are assigned. Such persons shall hold valid

10 teacher and administrative certificates. In addition to such other

11 duties as shall be prescribed by law ((~~and~~)), by the job

12 description adopted by the board of directors, and as what may be

13 provided under section 3, 5, or 7 of this act, each principal

14 shall:

15 (1) Assume administrative authority, responsibility and

16 instructional leadership, under the supervision of the school

17 district superintendent, and in accordance with the policies of

18 the school district board of directors, for the planning,

19 management, supervision and evaluation of the educational program

20 of the attendance area for which he or she is responsible.

21 (2) Submit recommendations to the school district

22 superintendent regarding appointment, assignment, promotion,

23 transfer and dismissal of all personnel assigned to the attendance

24 area for which he or she is responsible.

25 (3) Submit recommendations to the school district

26 superintendent regarding the fiscal needs to maintain and improve

27 the instructional program of the attendance area for which he or

28 she is responsible.

29 (4) Assume administrative authority and responsibility for the

30 supervision, counseling and discipline of pupils in the attendance

31 area for which he or she is responsible.

32 Sec. 13. RCW 28A.400.300 and 1997 c 13 s 10 are each amended to

33 read as follows:

34 Every board of directors, unless otherwise specially provided

35 by law and except as what may be provided under section 5 or 7 of

36 this act, shall:

HB 1562 p. 16

_1 (1) Employ for not more than one year, and for sufficient cause

_2 discharge all certificated and classified employees;

_3 (2) Adopt written policies granting leaves to persons under

_4 contracts of employment with the school district(s) in positions

_5 requiring either certification or classified qualifications,

_6 including but not limited to leaves for attendance at official or

_7 private institutes and conferences and sabbatical leaves for

_8 employees in positions requiring certification qualification, and

_9 leaves for illness, injury, bereavement and, emergencies for both

10 certificated and classified employees, and with such compensation

11 as the board of directors prescribe: PROVIDED, That the board of

12 directors shall adopt written policies granting to such persons

13 annual leave with compensation for illness, injury and emergencies

14 as follows:

15 (a) For such persons under contract with the school district

16 for a full year, at least ten days;

17 (b) For such persons under contract with the school district as

18 part time employees, at least that portion of ten days as the

19 total number of days contracted for bears to one hundred eighty

20 days;

21 (c) For certificated and classified employees, annual leave

22 with compensation for illness, injury, and emergencies shall be

23 granted and accrue at a rate not to exceed twelve days per year;

24 provisions of any contract in force on June 12, 1980, which

25 conflict with requirements of this subsection shall continue in

26 effect until contract expiration; after expiration, any new

27 contract executed between the parties shall be consistent with

28 this subsection;

29 (d) Compensation for leave for illness or injury actually taken

30 shall be the same as the compensation such person would have

31 received had such person not taken the leave provided in this

32 proviso;

33 (e) Leave provided in this proviso not taken shall accumulate

34 from year to year up to a maximum of one hundred eighty days for

35 the purposes of RCW 28A.400.210 and 28A.400.220, and for leave

36 purposes up to a maximum of the number of contract days agreed to

37 in a given contract, but not greater than one year. Such

p. 17 HB 1562

_1 accumulated time may be taken at any time during the school year

_2 or up to twelve days per year may be used for the purpose of

_3 payments for unused sick leave.

_4 (f) Sick leave heretofore accumulated under section 1, chapter

_5 195, Laws of 1959 (former RCW 28.58.430) and sick leave

_6 accumulated under administrative practice of school districts

_7 prior to the effective date of section 1, chapter 195, Laws of

_8 1959 (former RCW 28.58.430) is hereby declared valid, and shall be

_9 added to leave for illness or injury accumulated under this

10 proviso;

11 (g) Any leave for injury or illness accumulated up to a maximum

12 of forty-five days shall be creditable as service rendered for the

13 purpose of determining the time at which an employee is eligible

14 to retire, if such leave is taken it may not be compensated under

15 the provisions of RCW 28A.400.210 and 28A.310.490;

16 (h) Accumulated leave under this proviso shall be transferred

17 to and from one district to another, the office of superintendent

18 of public instruction and offices of educational service district

19 superintendents and boards, to and from such districts and such

20 offices;

21 (i) Leave accumulated by a person in a district prior to

22 leaving said district may, under rules and regulations of the

23 board, be granted to such person when the person returns to the

24 employment of the district.

25 When any certificated or classified employee leaves one school

26 district within the state and commences employment with another

27 school district within the state, the employee shall retain the

28 same seniority, leave benefits and other benefits that the

29 employee had in his or her previous position: PROVIDED, That

30 classified employees who transfer between districts after July 28,

31 1985, shall not retain any seniority rights other than longevity

32 when leaving one school district and beginning employment with

33 another. If the school district to which the person transfers has a

34 different system for computing seniority, leave benefits, and

35 other benefits, then the employee shall be granted the same

36 seniority, leave benefits and other benefits as a person in that

37 district who has similar occupational status and total years of

38 service.

HB 1562 p. 18

_2 Sec. 14. RCW 28A.405.210 and 1996 c 201 s 1 are each amended to

_3 read as follows:

_4 (1) No teacher, principal, supervisor, superintendent, or other

_5 certificated employee, holding a position as such with a school

_6 district, hereinafter referred to as "employee", shall be employed

_7 except by written order of a majority of the directors of the

_8 district at a regular or special meeting thereof and as may be

_9 provided under section 5 or 7 of this act, nor unless he or she is

10 the holder of an effective teacher's certificate or other

11 certificate required by law or the state board of education for

12 the position for which the employee is employed, nor unless his or

13 her employment with a school district is consistent with any and

14 all determinations made by the academic achievement and

15 accountability commission under the authority granted in sections

16 4 and 6 of this act and RCW 28A.655.030.

17 The board shall make with each employee employed by it a

18 written contract, which shall be in conformity with the laws of

19 this state, and except as otherwise provided by law, limited to a

20 term of not more than one year. Any employment contract approved

21 after September 1, 2001, that is inconsistent with any provision

22 of this act is null and void solely with respect to those

23 provisions in conflict with this act. Every such contract shall

24 be made in duplicate, one copy to be retained by the school

25 district superintendent or secretary and one copy to be delivered

26 to the employee. No contract shall be offered by any board for the

27 employment of any employee who has previously signed an employment

28 contract for that same term in another school district of the

29 state of Washington unless such employee shall have been released

30 from his or her obligations under such previous contract by the

31 board of directors of the school district to which he or she was

32 obligated. Any contract signed in violation of this provision shall

33 be void.

34 In the event it is determined that there is probable cause or

35 causes that the employment contract of an employee should not be

36 renewed by the district for the next ensuing term such employee

37 shall be notified in writing on or before May 15th preceding the

38 commencement of such term of that determination, or if the omnibus

p. 19 HB 1562

_1 appropriations act has not passed the legislature by May 15th,

_2 then notification shall be no later than June 1st, which

_3 notification shall specify the cause or causes for nonrenewal of

_4 contract. Such determination of probable cause for certificated

_5 employees, other than the superintendent, shall be made by the

_6 superintendent or in accordance with the provisions of section 5

_7 or 7 of this act. Such notice shall be served upon the employee

_8 personally, or by certified or registered mail, or by leaving a

_9 copy of the notice at the house of his or her usual abode with

10 some person of suitable age and discretion then resident therein.

11 Every such employee so notified, except employees notified

12 pursuant to the implementation of any provision of section 5 or 7

13 of this act, at his or her request made in writing and filed with

14 the president, chair, or secretary of the board of directors of

15 the district within ten days after receiving such notice, shall be

16 granted opportunity for hearing pursuant to RCW 28A.405.310 to

17 determine whether there is sufficient cause or causes for

18 nonrenewal of contract: PROVIDED, That any employee receiving

19 notice of nonrenewal of contract due to an enrollment decline or

20 loss of revenue may, in his or her request for a hearing,

21 stipulate that initiation of the arrangements for a hearing

22 officer as provided for by RCW 28A.405.310(4) shall occur within

23 ten days following July 15 rather than the day that the employee

24 submits the request for a hearing. If any such notification or

25 opportunity for hearing is not timely given, the employee entitled

26 thereto shall be conclusively presumed to have been reemployed by

27 the district for the next ensuing term upon contractual terms

28 identical with those which would have prevailed if his or her

29 employment had actually been renewed by the board of directors for

30 such ensuing term.

31 This section shall not be applicable to "provisional employees"

32 as so designated in RCW 28A.405.220; transfer to a subordinate

33 certificated position as that procedure is set forth in RCW

34 28A.405.230 shall not be construed as a nonrenewal of contract for

35 the purposes of this section.

36 (2) In the event that a determination is made pursuant to

37 section 5 or 7 of this act that there is probable cause that the

HB 1562 p. 20

_1 employment contract of an employee should not be renewed for the

_2 ensuing term:

_3 (a) Such employee shall be notified thereof in writing on or

_4 before May 15th preceding the commencement of the school term, or

_5 if the omnibus appropriations act has not passed the legislature

_6 by May 15th, then notification shall be by June 1st, which

_7 notification shall state the reason or reasons for such

_8 determination. Such notice shall be served upon the employee

_9 personally, or by certified or registered mail, or by leaving a

10 copy of the notice at the place of his or her usual abode with

11 some person of suitable age and discretion then resident therein.

12 (b) The determination of nonrenewal by the academic achievement

13 and accountability commission shall consider any evaluations

14 conducted pursuant to RCW 28A.405.100 and shall be in accordance

15 with the provisions of sections 4 and 6 of this act.

16 (c) Every such employee notified pursuant to this subsection,

17 at his or her request made in writing and filed with the

18 superintendent of the district within ten days after receiving

19 such notice, shall be given the opportunity to meet informally

20 with the superintendent for the purpose of requesting the

21 superintendent to recommend that the academic achievement and

22 accountability commission reconsider their decision. Such meeting

23 shall be held no later than ten days following the receipt of such

24 request, and the employee shall be given at least three days'

25 written notice of the date, time, and place of the meeting. At such

26 meeting the employee shall be given the opportunity to refute any

27 facts upon which the superintendent's or the academic achievement

28 and accountability commission's determination was based and to

29 make any argument in support of his or her request for

30 reconsideration.

31 (d) Within ten days following the meeting with the employee,

32 the superintendent shall either recommend to the superintendent of

33 public instruction that the employee be reinstated or shall submit

34 to the school district board of directors for consideration at its

35 next regular meeting a written report recommending that the

36 employment contract of the employee be nonrenewed and stating the

37 reason or reasons therefor. A copy of such report shall be

38 delivered to the employee at least three days before the scheduled

p. 21 HB 1562

_1 meeting of the board of directors. The district superintendent may

_2 request an informal meeting with the superintendent of public

_3 instruction to consider a recommendation to reinstate the

_4 employee. The superintendent of public instruction shall consider

_5 but is not required to grant such request for an informal meeting

_6 with the district superintendent and the employee. In taking action

_7 upon the recommendation of the superintendent or the direction of

_8 the superintendent of public instruction and the commission, the

_9 board of directors may consider any written communication that the

10 employee may file with the secretary of the board at any time

11 before that meeting.

12 (e) The board of directors shall notify the employee in writing

13 of its final decision and action within ten days following the

14 meeting at which the superintendent's recommendation or the

15 direction of the superintendent of public instruction and the

16 commission was considered. The action of the board of directors to

17 nonrenew the contract of an employee under this subsection shall

18 be final and not subject to appeal.

19 Sec. 15. RCW 28A.405.220 and 1996 c 201 s 2 are each amended to

20 read as follows:

21 Notwithstanding the provisions of RCW 28A.405.210, every person

22 employed by a school district in a teaching or other

23 nonsupervisory certificated position shall be subject to

24 nonrenewal of employment contract as provided in this section and

25 under section 5 or 7 of this act during the first two years of

26 employment by such district, unless the employee has previously

27 completed at least two years of certificated employment in another

28 school district in the state of Washington, in which case the

29 employee shall be subject to nonrenewal of employment contract

30 pursuant to this section during the first year of employment with

31 the new district or as may be provided pursuant to section 5 or 7

32 of this act. Employees as defined in this section shall hereinafter

33 be referred to as "provisional employees".

34 In the event the superintendent of the school district or the

35 academic achievement and accountability commission determines that

36 the employment contract of any provisional employee should not be

37 renewed by the district for the next ensuing term such provisional

HB 1562 p. 22

_1 employee shall be notified thereof by the district superintendent

_2 in writing on or before May 15th preceding the commencement of

_3 such school term, or if the omnibus appropriations act has not

_4 passed the legislature by May 15th, then notification shall be no

_5 later than June 1st, which notification shall state the reason or

_6 reasons for such determination. Such notice shall be served upon

_7 the provisional employee personally, or by certified or registered

_8 mail, or by leaving a copy of the notice at the place of his or

_9 her usual abode with some person of suitable age and discretion

10 then resident therein. ((~~The~~)) A determination ((of)) by the

11 superintendent of the school district shall be subject to the

12 evaluation requirements of RCW 28A.405.100. A determination by the

13 commission shall be made pursuant to section 5 or 7 of this act.

14 Every such provisional employee so notified, at his or her

15 request made in writing and filed with the superintendent of the

16 district within ten days after receiving such notice, shall be

17 given the opportunity to meet informally with the superintendent

18 for the purpose of requesting the superintendent to reconsider his

19 or her decision or consider recommending to the superintendent of

20 public instruction and the commission reinstatement of the

21 provisional employee. Such meeting shall be held no later than ten

22 days following the receipt of such request, and the provisional

23 employee shall be given written notice of the date, time and place

24 of meeting at least three days prior thereto. At such meeting the

25 provisional employee shall be given the opportunity to refute any

26 facts upon which the ((~~superintendent's~~)) determination was based

27 and to make any argument in support of his or her request for

28 reconsideration.

29 Within ten days following the meeting with the provisional

30 employee, the superintendent shall either reinstate the

31 provisional employee or shall recommend to the superintendent of

32 public instruction that the employee be reinstated or shall submit

33 to the school district board of directors for consideration at its

34 next regular meeting a written report recommending that the

35 employment contract of the provisional employee be nonrenewed and

36 stating the reason or reasons therefor. In the event the district

37 superintendent recommends reinstatement to the superintendent of

38 public instruction, the district superintendent may request an

p. 23 HB 1562

_1 informal meeting with the superintendent of public instruction to

_2 present his or her reasons. Such request for an informal meeting

_3 shall be considered by the superintendent of public instruction. A

_4 copy of such report shall be delivered to the provisional employee

_5 at least three days prior to the scheduled meeting of the board of

_6 directors. In taking action upon the recommendation of the

_7 superintendent, the board of directors shall consider any written

_8 communication which the provisional employee may file with the

_9 secretary of the board at any time prior to that meeting.

10 The board of directors shall notify the provisional employee in

11 writing of its final decision within ten days following the

12 meeting at which the superintendent's recommendation was

13 considered. The decision of the board of directors to nonrenew the

14 contract of a provisional employee shall be final and not subject

15 to appeal.

16 This section applies to any person employed by a school

17 district in a teaching or other nonsupervisory certificated

18 position after June 25, 1976. This section and sections 4 and 6 of

19 this act provide((s)) the exclusive means for nonrenewing the

20 employment contract of a provisional employee and no other

21 provision of law shall be applicable thereto, including, without

22 limitation, RCW 28A.405.210 and chapter 28A.645 RCW.

23 Sec. 16. RCW 28A.405.230 and 1996 c 201 s 3 are each amended to

24 read as follows:

25 Any certificated employee of a school district employed as an

26 assistant superintendent, director, principal, assistant

27 principal, coordinator, or in any other supervisory or

28 administrative position, hereinafter in this section referred to

29 as "administrator", shall be subject to transfer, at the

30 expiration of the term of his or her employment contract or as may

31 be provided pursuant to section 5 or 7 of this act during the term

32 of such an employee's employment contract that took effect after

33 September 1, 2001, to any subordinate certificated position within

34 the school district. "Subordinate certificated position" as used

35 in this section, shall mean any administrative or

36 nonadministrative certificated position for which the annual

HB 1562 p. 24

_1 compensation is less than the position currently held by the

_2 administrator.

_3 Every superintendent determining that the best interests of the

_4 school district would be served by transferring any administrator

_5 to a subordinate certificated position, and every superintendent

_6 notified that pursuant to section 5 or 7 of this act the academic

_7 achievement and accountability commission has determined that the

_8 best interests of the school district would be served by

_9 transferring any administrator to a subordinate certificated

10 position shall notify that administrator in writing on or before

11 May 15th preceding the commencement of such school term of that

12 determination, or if the omnibus appropriations act has not passed

13 the legislature by May 15th, then notification shall be no later

14 than June 1st, which notification shall state the reason or

15 reasons for the transfer, and shall identify the subordinate

16 certificated position to which the administrator will be

17 transferred. Such notice shall be served upon the administrator

18 personally, or by certified or registered mail, or by leaving a

19 copy of the notice at the place of his or her usual abode with

20 some person of suitable age and discretion then resident therein.

21 Every such administrator so notified, at his or her request

22 made in writing and filed with the president or chair, or

23 secretary of the board of directors of the district within ten

24 days after receiving such notice, shall be given the opportunity

25 to meet informally with the board of directors in an executive

26 session thereof or with the superintendent of public instruction

27 as appropriate for the purpose of requesting the ((~~board to~~

28 ~~reconsider~~)) reconsideration of the decision of the superintendent

29 or commission. Such board shall or the superintendent of public

30 instruction may, upon receipt of such request, ((~~shall~~)) schedule

31 the meeting for no later than the next regularly scheduled meeting

32 of the board or as soon as is practicable for the office of the

33 superintendent of public instruction to schedule a meeting for

34 this purpose, and ((~~shall~~)) notify the administrator in writing of

35 the date, time, and place of the meeting at least three days prior

36 thereto. At such meeting the administrator shall be given the

37 opportunity to refute any facts upon which the determination was

38 based and to make any argument in support of his or her request

p. 25 HB 1562

_1 for reconsideration. The administrator and the board or the

_2 superintendent of public instruction may invite their respective

_3 legal counsel to be present and to participate at the meeting. The

_4 board shall notify the administrator in writing of its, or as

_5 appropriate of the commission's, final decision within ten days

_6 following its meeting with the administrator. No appeal to the

_7 courts shall lie from the final decision of the board of directors

_8 or commission to transfer an administrator to a subordinate

_9 certificated position: PROVIDED, That in the case of principals,

10 except for any principal transferred pursuant to section 5 or 7 of

11 this act, such transfer shall be made at the expiration of the

12 contract year and only during the first three consecutive school

13 years of employment as a principal by a school district; except

14 that if any such principal has been previously employed as a

15 principal by another school district in the state of Washington

16 for three or more consecutive school years the provisions of this

17 section shall apply only to the first full school year of such

18 employment.

19 This section applies to any person employed as an administrator

20 by a school district on June 25, 1976 and to all persons so

21 employed at any time thereafter. This section and section 5 or 7 of

22 this act provide((s)) the exclusive means for transferring an

23 administrator to a subordinate certificated position at the

24 expiration of the term of his or her employment contract.

25 Sec. 17. RCW 28A.150.020 and 1969 ex.s. c 223 s 28A.01.060 are each

26 amended to read as follows:

27 "Common schools" means schools maintained at public expense in

28 each school district or under alternative arrangements for public

29 governance or administration pursuant to section 7 of this act and

30 carrying on a program from kindergarten through the twelfth grade

31 or any part thereof including vocational educational courses

32 otherwise permitted by law.

33 Sec. 18. RCW 28A.320.010 and 1969 ex.s. c 223 s 28A.58.010 are each

34 amended to read as follows:

35 A school district shall constitute a body corporate and shall

36 possess all the usual powers of a public corporation except as may

HB 1562 p. 26

_1 be provided pursuant to section 3, 5, or 7 of this act, and in

_2 that name and style may sue and be sued and transact all business

_3 necessary for maintaining school and protecting the rights of the

_4 district, and enter into such obligations as are authorized

_5 therefor by law.

_6 Sec. 19. RCW 28A.320.015 and 1992 c 141 s 301 are each amended to

_7 read as follows:

_8 (1) Except as provided in section 3, 5, or 7 of this act, the

_9 board of directors of each school district may exercise the

10 following:

11 (a) The broad discretionary power to determine and adopt

12 written policies not in conflict with other law that provide for

13 the development and implementation of programs, activities,

14 services, or practices that the board determines will:

15 (i) Promote the education of kindergarten through twelfth grade

16 students in the public schools; or

17 (ii) Promote the effective, efficient, or safe management and

18 operation of the school district;

19 (b) Such powers as are expressly authorized by law; and

20 (c) Such powers as are necessarily or fairly implied in the

21 powers expressly authorized by law.

22 (2) Before adopting a policy under subsection (1)(a) of this

23 section, the school district board of directors shall comply with

24 the notice requirements of the open public meetings act, chapter

25 42.30 RCW, and shall in addition include in that notice a

26 statement that sets forth or reasonably describes the proposed

27 policy. The board of directors shall provide a reasonable

28 opportunity for public written and oral comment and consideration

29 of the comment by the board of directors.

30 Sec. 20. RCW 28A.320.035 and 1997 c 267 s 1 are each amended to

31 read as follows:

32 (1) The board of directors of a school district may contract

33 with other school districts, educational service districts, public

34 or private organizations, agencies, schools, or individuals to

35 implement the board's powers and duties provided that such

36 contracts are consistent with any provisions which may be

p. 27 HB 1562

_1 implemented pursuant to section 7 of this act. The board of

_2 directors of a school district may contract for goods and

_3 services, including but not limited to contracts for goods and

_4 services as specifically authorized in statute or rule, as well as

_5 other educational, instructional, and specialized services. When a

_6 school district board of directors contracts for educational,

_7 instructional, or specialized services, the purpose of the

_8 contract must be to improve student learning or achievement.

_9 (2) A contract under subsection (1) of this section may not be

10 made with a religious or sectarian organization or school where

11 the contract would violate the state or federal Constitution.

12 Sec. 21. RCW 28A.315.005 and 1999 c 315 s 1 are each amended to

13 read as follows:

14 (1) Under the constitutional framework and the laws of the

15 state of Washington, the governance structure for the state's

16 public common school system is comprised of the following bodies:

17 The legislature, the governor, the superintendent of public

18 instruction, the state board of education, the academic

19 achievement and accountability commission, the educational service

20 district boards of directors, and local school district boards of

21 directors. The respective policy and administrative roles of each

22 body are determined by the state Constitution and statutes.

23 (2) Local school districts are political subdivisions of the

24 state and the organization of such districts, including the

25 powers, duties, and boundaries thereof, may be altered or

26 abolished by laws of the state of Washington or by the

27 superintendent of public instruction at the request of the

28 academic achievement and accountability commission pursuant to

29 section 7 of this act and RCW 28A.655.030 and 28A.300.040, except

30 that the superintendent of public instruction and the academic

31 achievement and accountability commission shall not be authorized

32 to alter school district boundaries.

33 Sec. 22. RCW 28A.315.015 and 1999 c 315 s 101 are each amended to

34 read as follows:

35 (1) It is the purpose of this chapter to:

HB 1562 p. 28

_1 (a) Incorporate into a single, comprehensive, school district

_2 organization law all essential provisions governing:

_3 (i) The formation and establishment of new school districts;

_4 (ii) The alteration of the boundaries of existing districts;

_5 and

_6 (iii) The adjustment of the assets and liabilities of school

_7 districts when changes are made under this chapter; and

_8 (b) Establish methods and procedures whereby changes in the

_9 school district system may be brought about by the people

10 concerned and affected.

11 (2) It is the state's policy that decisions on proposed changes

12 in school district organization should be made, whenever possible,

13 by negotiated agreement between the affected school districts. If

14 the districts cannot agree, the decision shall be made by the

15 regional committees on school district organization, based on the

16 committees' best judgment, taking into consideration the following

17 factors and factors under RCW 28A.315.205:

18 (a) A balance of local petition requests and the needs of the

19 statewide community at large in a manner that advances the best

20 interest of public education in the affected school districts and

21 communities, the educational service district, and the state;

22 (b) Responsibly serving all of the affected citizens and

23 students by contributing to logical service boundaries and

24 recognizing a changing economic pattern within the educational

25 service districts of the state;

26 (c) Enhancing the educational opportunities of pupils in the

27 territory by reducing existing disparities among the affected

28 school districts' ability to provide operating and capital funds

29 through an equitable adjustment of the assets and liabilities of

30 the affected districts;

31 (d) Promoting a wiser use of public funds through improvement

32 in the school district system of the educational service districts

33 and the state; and

34 (e) Other criteria or considerations as may be established in

35 rule by the state board of education.

36 (3) It is neither the intent nor purpose of this chapter to

37 apply to organizational changes and the procedure therefor

p. 29 HB 1562

_1 relating to capital fund aid by nonhigh school districts as

_2 provided for in chapter 28A.540 RCW.

_3 (4) This chapter is not intended to apply in any way to the

_4 provisions implemented pursuant to section 5 or 7 of this act.

_5 Sec. 23. RCW 28A.315.025 and 1990 c 33 s 293 are each amended to

_6 read as follows:

_7 As used in this chapter:

_8 (1) "Change in the organization and extent of school districts"

_9 means the formation and establishment of new school districts, the

10 dissolution of existing school districts, the alteration of the

11 boundaries of existing school districts, or all of them. "Change"

12 does not include any change implemented pursuant to section 7 of

13 this act.

14 (2) "Regional committee" means the regional committee on school

15 district organization created by this chapter.

16 (3) "State board" means the state board of education.

17 (4) "School district" means the territory under the

18 jurisdiction of a single governing board designated and referred

19 to as the board of directors.

20 (5) "Educational service district superintendent" means the

21 educational service district superintendent as provided for in RCW

22 28A.310.170 or his or her designee.

23 Sec. 24. RCW 28A.225.210 and 1990 c 33 s 235 are each amended to

24 read as follows:

25 Every school district shall admit on a tuition free basis all

26 persons of school age who reside within this state, and do not

27 reside within another school district carrying the grades for

28 which they are eligible to enroll: PROVIDED, That nothing in this

29 section shall be construed as affecting RCW 28A.225.220 ((or)),

30 28A.225.250, or section 5 or 7 of this act.

31 Sec. 25. RCW 28A.225.220 and 1995 c 335 s 602 and 1995 c 52 s 2 are

32 each reenacted and amended to read as follows:

33 (1) Any board of directors may make agreements with adults

34 choosing to attend school, and may charge the adults reasonable

35 tuition.

HB 1562 p. 30

_1 (2) A district is strongly encouraged to honor the request of a

_2 parent or guardian for his or her child to attend a school in

_3 another district or the request of a parent or guardian for his or

_4 her child to transfer as a student receiving home-based

_5 instruction.

_6 (3) A district shall release a student to a nonresident

_7 district that agrees to accept the student if:

_8 (a) A financial, educational, safety, or health condition

_9 affecting the student would likely be reasonably improved as a

10 result of the transfer; ((or))

11 (b) Attendance at the school in the nonresident district is

12 more accessible to the parent's place of work or to the location

13 of child care; ((or))

14 (c) The student transfer is authorized pursuant to section 7 of

15 this act; or

16 (d) There is a special hardship or detrimental condition.

17 (4) A district may deny the request of a resident student to

18 transfer to a nonresident district if the release of the student

19 would adversely affect the district's existing desegregation

20 plan. However, a district may not deny such a request for transfer

21 if the student is authorized to transfer to a nonresident district

22 pursuant to section 7 of this act.

23 (5) For the purpose of helping a district assess the quality of

24 its education program, a resident school district may request an

25 optional exit interview or questionnaire with the parents or

26 guardians of a child transferring to another district. No parent or

27 guardian may be forced to attend such an interview or complete the

28 questionnaire.

29 (6) Beginning with the 1993-94 school year, school districts

30 may not charge transfer fees or tuition for nonresident students

31 enrolled under subsection (3) of this section and RCW

32 28A.225.225. Reimbursement of a high school district for cost of

33 educating high school pupils of a nonhigh school district shall

34 not be deemed a transfer fee as affecting the apportionment of

35 current state school funds.

36 Sec. 26. RCW 28A.225.270 and 1990 1st ex.s. c 9 s 205 are each

37 amended to read as follows:

p. 31 HB 1562

_1 Each school district in the state shall adopt and implement a

_2 policy allowing intradistrict enrollment options no later than

_3 June 30, 1990. Each district shall establish its own policy

_4 establishing standards on how the intradistrict enrollment options

_5 will be implemented. However, in the event that a conflict exists

_6 between the school district policy and actions required under this

_7 act by the academic achievement and accountability commission and

_8 the superintendent of public instruction under sections 4, 5, and

_9 7 of this act, such actions shall supercede the applicable school

10 district policy.

11 NEW SECTION. Sec. 27. A new section is added to chapter 41.56

12 RCW to read as follows:

13 Any contract or agreement entered into by a school district

14 after the effective date of this act that is in conflict with the

15 effective implementation of any decision or action authorized

16 under this act is null and void with respect to the particular

17 provision of the contract or agreement that is in conflict with

18 this act.

19 NEW SECTION. Sec. 28. A new section is added to chapter 41.59

20 RCW to read as follows:

21 Any contract or agreement entered into by a school district

22 after the effective date of this act that is in conflict with the

23 effective implementation of any decision or action authorized

24 under this act is null and void with respect to the particular

25 provision of the contract or agreement that is in conflict with

26 this act.

27 Sec. 29. RCW 41.59.910 and 1975 1st ex.s. c 288 s 19 are each

28 amended to read as follows:

29 This chapter shall supersede existing statutes not expressly

30 repealed to the extent that there is a conflict between a

31 provision of this chapter and those other statutes. However, in the

32 event that a conflict exists between this chapter and this act,

33 this act shall supercede this chapter. Except as otherwise

34 expressly provided herein, nothing in this chapter shall be

35 construed to annul, modify or preclude the renewal or continuation

HB 1562 p. 32

_1 of any lawful agreement entered into prior to January 1, 1976

_2 between an employer and an employee organization covering wages,

_3 hours, and terms and conditions of employment. Where there is a

_4 conflict between any collective bargaining agreement and any

_5 resolution, rule, policy or regulation of the employer or its

_6 agents, the terms of the collective bargaining agreement shall

_7 prevail.

_8 NEW SECTION. Sec. 30. RCW 28A.655.035 (Accountability policies‑-

_9 Recommendations) and 1999 c 388 s 103 are each repealed.

10 NEW SECTION. Sec. 31. RCW 28A.655.050 (Reading goals‑-Mathematics

11 goals) and 1999 c 388 s 201 & 1998 c 319 s 101 are each repealed.

12 NEW SECTION. Sec. 32. Section 31 of this act takes effect

13 September 1, 2001.

‑‑‑ END ‑‑‑

p. 33 HB 1562